Refusal to Submit to Breath or Blood Testing in Tennessee
Did you know that under Tennessee law you’ve already given your implied consent to alcohol or drug testing simply by being behind the wheel? If you said “no”, you’re not alone. Many residents of Middle Tennessee we speak to have no idea they consented to this by way of Tennessee law.
If you find yourself in need of legal counsel regarding a potential DUI/DWI or issue surrounding implied consent, give the team at Herbert & Lux a call today. Our experienced team can help you understand your situation and the potential legal strategies we can help with. For now, read on to learn more about implied consent and what it means for you…
What Happens If You Refuse a Breath or Blood Test in Tennessee?
While you can indeed refuse to be tested for alcohol or drugs, doing so is a civil offense in Tennessee. Although refusing the test might mean a lack of evidence in a DUI case, you might also run the risk of walking away with both a criminal conviction for a DUI and the consequences of violating implied consent law.
According to Tennessee Code § 55-10-406:
"Any person who drives a motor vehicle in this state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person's blood, a test or tests for the purpose of determining the drug content of the person's blood, or both tests."
The consequences for refusing to submit to blood or alcohol testing are as follows:
- Revoked license for 1 year - first offense
- Revoked license for 2 years - second offense or if crash resulted in someone else's bodily injury
- Revoked license for 5 years if crash resulted in someone else's death
If you refused a blood or breath test after being pulled over on suspicion of DUI, an experienced criminal defense attorney from an established law firm can help keep one mistake from ruining your life for the foreseeable future. Remember that even if you are acquitted of a DUI charge, you might still face the consequences above for refusal to submit to testing.
Get the Representation and Support You Deserve
Taking on a DUI charge or violation of the implied consent charge on your own is not advisable and can result in consequences that could literally last a lifetime. If you find yourself accused, reach out to our firm today for a consultation. Once the initial shock of being charged wears off, you may do more harm than good to your case if you don’t immediately consult an experienced attorney like Herbert & Lux to protect your rights.
Have you already been charged with a DUI and for violating Tennessee’s implied consent law? Contact Herbert & Lux immediately for a free review of your case. We have decades of experience steering their clients through the criminal justice system and helping to make sure that their client’s rights are preserved through the legal process.